United States Fourth Circuit

Summary judgment for plaintiff is vacated because the district court relied on a ruling that does not apply to this ERISA benefits plan. Thus, the award for attorney fees is also vacated.

Appellate Information

• Decided 05/28/2004
• Published 05/28/2004

Judges

• Before WILLIAMS and TRAXLER, Circuit Judges, and PASCO M. BOWMAN, II, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Bryan David Bolton, Funk & Bolton, P.A., Baltimore, Maryland, for Appellant.  Scott Bertram Elkind, Elkind & Shea, Silver Spring, Maryland, for Appellee. ON BRIEF:  Michael R. McCann, Hisham M. Amin, Funk & Bolton, P.A., Baltimore, Maryland, for Appellant.  Stephen F. Shea, Elkind & Shea, Silver Spring, Maryland, for Appellee.